There was reason to question accuracy of information

Ontario criminal | Criminal Law

Charter of Rights and Freedoms
Unreasonable search and seizure [s. 8]

There was reason to question accuracy of information

Two accused, SI and SH, were subject of telewarrant. Both accused were found in separate units of same condo building, with drugs, firearms, and ammunition present. Both accused challenged validity of warrant, with SH testifying that he had no knowledge of items in apartment unit which was not his. SI did not testify. Accused moved unsuccessfully to cross-examine affiant of warrant. SH was found guilty only as to count of firearm possession, with other material not proven to be in his control. SI was found guilty on all counts. SI was sentenced to 10 years’ imprisonment, with SH being sentenced to 6 years imprisonment. Accused claimed that s.8 violation under Charter of Rights and Freedoms should have been found, by trial judge. SI also claimed that sentence was unfit. Both accused appealed from convictions. Appeal allowed. Cross-examination should have been permitted. There was reason to question accuracy of information, with affiant expressing some doubt as to contents. Proper corroboration was not present.
R. v. Shivrattan (2017), 2017 CarswellOnt 329, 2017 ONCA 23, Doherty J.A., C.W. Hourigan J.A., and L.B. Roberts J.A. (Ont. C.A.).

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

From ignored to a nation-to-nation relationship: Jason Madden’s 20 years advocating for Metis rights

Ontario Superior Court of Justice welcomes new judges Colin Stevenson and Gilead Kay

Ontario Superior Court upholds award of costs exceeding the damages in a personal injury case

Ontario Superior Court resolves estate dispute between siblings by passing over a sister as trustee

Erika Chamberlain steps down as dean of Western Law

Ont. CA orders new trial in pedestrian collision case due to unfair bad character evidence

Most Read Articles

Erika Chamberlain steps down as dean of Western Law

Ont. CA orders new trial in pedestrian collision case due to unfair bad character evidence

Ontario Superior Court of Justice welcomes new judges Colin Stevenson and Gilead Kay

From ignored to a nation-to-nation relationship: Jason Madden’s 20 years advocating for Metis rights